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"Indonesia's political and governmental structures underwent sweeping reforms in the late 1990s. After decades of authoritarian rule, a key aspect of the transition to constitutional democracy during this period was the amendment of the 1945 Indonesian Constitution - an important legal text governing the world's third largest democracy. The amended Constitution introduced profound changes to the legal and political system, including an emphasis on judicial independence, a bill of rights, and the establishment of a Constitutional Court. This volume, with chapters written by leading experts, explores the ongoing debates over the meaning, implementation, and practice of constitutional democracy in Indonesia. This includes debates over the powers of the legislature, the role of the military, the scope of decentralisation, the protection of rights and permissible limits on rights, the regulation of elections, the watchdog role of accountability agencies, and the leading role of the Constitutional Court. These legal issues are analysed in light of the contemporary social, political, and economic environment that has seen a decline in tolerance, freedom, and respect for minorities. Contributions to this volume review the past two decades of reform in Indonesia and assess the challenges to the future of constitutional democracy amidst the wide-spread consensus on the decline of democracy in Indonesia. Demands for amendments to the Constitution and calls to revert to its initial form would be a reversal of Indonesia's democratic gains"-- Provided by publisher

"This authoritative new work sets out the key tenets of the principles and process of criminal law in Indonesia. Focusing on substantive criminal law, starting from its definition, history, principles, and interpretation, it goes on to explore a criminal offence and its elements, criminal fault and liability, causation, and other issues. The author is a leading scholar, experienced both in practice and teaching in the field. Comparative criminal lawyers will welcome this important new work"-- Provided by publisher.

• The politics of Shariatisation in Indonesia
• MUI and the history of the Sharia trajectory in Indonesia
• A living organisation : pre-existing conditions and the organisational vehicle of Shariatisation
• Sharia activism : opportunity structure, frame, and mobilisation
• Regional Shariatisation : the presence of MUI in Aceh, Bulukumba, and Cianjur
• MUI's discourse and its relevance for Shariatisation : case studies of Fatwa
• The dilemma of electoral politics and the politics of the Umma : MUI's trajectory of Shariatisation in the era of Joko Widodo's presidency
• Concluding reflections.

"This book is a succinct and critical account on the shariatisation of Indonesia, the largest Muslim country in the world. It is the first book in English to uncover and explain the shariatisation of Indonesia in a comprehensive way. With the abundant primary and secondary sources, this book is a reference for other scholars who conduct research on the inclusion of sharia into legal and public sphere of Indonesia. It comes with an important conclusion that the change of such a non-theocratic state like Indonesia into a theocratic state is highly possible when its law is penetrated by those who want to change the state system"-- Provided by publisher.

• 1. Introduction: The Problem with Group Legal Personhood
• 2. Groups as Legal Persons
• 3. The Status of Persons and Land Rights in Indonesian Law
• 4. Redefining and Reinterpreting the Adat Group As A Legal Subject
• 5. The Baduy and Minangkabau Adat Communities
• 6. Adat Group Entities as Legal Persons
• 7. Conclusion.
• (source: Nielsen Book Data)

This book explores the ambiguous legal status of traditional-adat-communities in Indonesia and their informal, traditional rights to communal-ulayat-land. It discusses the lack of recognition of adat communities and their legal rights in the Indonesian constitution, surveys legal consideration of informal legal rights both in Indonesia and elsewhere, and examines how thinking about these issues has evolved over time in Indonesia. It provides an in-depth study of the ways that government policies on adat communities are developed, changed and implemented, and how different actors give meaning to these policies, particularly government bodies with authority to manage land and forests, which exercise discretion as to the operational implementation of ideas about adat groups as legal persons and ulayat land rights as land title, thus enabling their exploitation by government and business. The book highlights how these issues are becoming more pressing as problems relating to legal personhood and rights to traditional customary land are increasingly giving rise to violent conflict, dispossession and marginalisation. It also demonstrates how adat communities can take action, and are doing so, to protect their legal positions.
(source: Nielsen Book Data)

• Introduction
• A general view of Qiyās : a dialectical reading
• Dialectical system of Qiyās al-ʿilla
• Dialectical system of Qiyās al-dalāla and Qiyās al-shabah
• Arsyad al-Banjari : a Banjarese Shāfiʿī scholar
• Systems of Qiyās in Arsyad al-Banjari’s works
• Arsyad Al-Banjari’s Qiyās for integrating Banjarese traditions into Islamic law
• Concluding remarks : Qiyās and contemporary models of parallel reasoning.

"This book provides an epistemological study of the great Islamic scholar of Banjarese origin, Syeikh Muhammad Arsyad al-Banjari (1710-1812) who contributed to the development of Islam in Indonesia and, in general, Southeast Asia. The work focuses on Arsyad al-Banjari’s dialectical use and understanding of qiyās or correlational inference as a model of parallel reasoning or analogy in Islamic jurisprudence. This constituted the most prominent instrument he applied in his effort of integrating Islamic law into the Banjarese society. This work studies how Arsyad al-Banjari integrates jadal theory or dialectic in Islamic jurisprudence, within his application of qiyās. The author develops a framework for qiyās which acts as the interface between jadal, dialogical logic, and Per Martin-Löf’s Constructive Type Theory (CTT). One of the epistemological results emerging from the present study is that the different forms of qiyās applied by Arsyad al-Banjari represent an innovative and sophisticated form of reasoning. The volume is divided into three parts that discuss the types of qiyās as well their dialectical and argumentative aspects, historical background and context of Banjar, and demonstrates how the theory of qiyās comes quite close to the contemporary model of parallel reasoning for sciences and mathematics developed by Paul Bartha (2010). This volume will be of interest to historians and philosophers in general, and logicians and historians of philosophy in particular"-- Provided by publisher.

• List of Tables and Figures--Preface
• Acknowledgments
• 1 INTRODUCTION
• PART I: CONTEXT 2 AUTHORITY AND LEGITIMACY IN QUESTIONS: AN ILLUSTRATIVE EXAMPLE
• PART II: LAW IN THE BOOK 3 INTERPRETING CORPORATE ZAKAT: MUI AND ISLAMIC AUTHORITY
• 4 IMPOSING CORPORATE ZAKAT: THE POLITICS OF STATE POLICY ON SHARI'A IMPLEMENTATION
• PART III: LAW IN ACTION 5 COMPLIANCE WITH CORPORATE ZAKAT: SHARI'A, LEGAL FICTION, AND POPULAR SUPPORTS
• 6 COMPLIANCE WITH CORPORATE ZAKAT: RESPONSES TO BUREAUCRATIZATION OF ZAKAT
• 7 COMPLIANCE WITH CORPORATE ZAKAT: ISLAMIC ETHICS AND CORPORATE SOCIAL RESPONSIBILITY PRACTICES
• 8 CONCLUSION
• Glossary
• Acronyms
• ANNEX I: Decisions of Ijtima Ulama and their Status
• ANNEX II: Corporate Zakat Payment in Dompet Dhuafa 2000 - 2010
• ANNEX III: Corporate Zakat Payment in Baznas 2000-2010
• Index.
• (source: Nielsen Book Data)

No corporation is enthusiastic about paying tax, yet Islamic banks in Indonesia voluntarily pay corporate zakat. Why? The book analyzes corporate zakat norms and practices in Indonesia by investigating how Muslim jurists have interpreted shari'a of zakat and how these have been imposed through the legislative and regulatory framework. It also presents original case studies based on sociolegal field research on the reception of the new obligations in the Islamic banks that choose to pay - and choose not to pay - what is effectively a new tax. The book argues that the dynamics of shari'a interpretation, imposition, and compliance in Indonesia are too complex to be defined using the binaries of the religious versus the secular, public versus private, or tradition versus modernity. The corporate zakat context has revitalized the existing governance strategy in Islamic legal tradition and created a shared Islamic law vision between Islam and the state. Consequently, this fusion generates a mixed legal and religious consciousness toward corporate zakat. Addressing broader discussions on Islamic law and modernity, the book will be of interest to academics working on Asian and Comparative Law, sociolegal studies, anthropology of Indonesia, business studies of the Islamic world, Islamic/shari'a economics, Islamic law and politics, Islamic legal studies, Muslim society and Islam in Southeast Asia.
(source: Nielsen Book Data)

• Collected Recommendations
• Legal Education I Legal Education: Different Models and Their Commonalities
• II Pendidikan Hukum di Indonesia: Antara Pendidikan Akademis dan Profesi
• Labour Market III The Impact of Professional Requirements on the Academic Nature of a Law Curriculum
• IV Running an Internship Office
• V Implementasi Merdeka Belajar Kampus Merdeka Melalui Pemagangan - Pengalaman Fakultas Hukum Universitas Borneo Tarakan
• Skills VI Skills in Legal Education: Where to Start?
• VII Keterampilan Hukum dalam Pendidikan Hukum
• VIII Moot Courts in European Legal Education
• IX Optimalisasi Moot Court sebagai Sarana Pembelajaran Praktik Hukum
• X The Use of Case Law in the Legal Curriculum: Why and How?
• XI Kajian Putusan Pengadilan Dalam Pengajaran di Fakultas Hukum di Era Digital - Manfaat dan Tantangan
• XII Legal Education: The Role of Comparative and Global Law
• XIII Penguasaan Perbandingan Hukum sebagai Keterampilan Khusus Bidang Hukum di Indonesia
• XIV The Integration of Research in Legal Teaching
• Ethical Standards XV A Legal Ethics Course for Judges: A Dutch Experience
• XVI Pemikiran untuk Penguatan Pendidikan Etika Profesi Hukum
• XVII Teaching Good Governance and the Rule of Law
• XVIII Rule of Law dan Good Governance dalam Pendidikan Hukum Indonesia
• Modes of Delivery XIX Making Teaching Interactive - Experiments From the Maastricht European Law School
• XX Transformasi Model Pembelajaran Dari Aktif-Interaktif Ke PBL
• XXI Blended Learning: A Label as Barrier
• Quality and Societal Impact XXII Quality Assurance Mechanisms and Standards
• XXIII Collaboration Among Law Schools and With Society
• XXIV Kolaborasi Antar Institusi Pendidikan Hukum dan Masyarakat Profesi Hukum
• Conclusion XXV Future-Oriented Lessons for Legal Education: Some Concluding Comments.
• (source: Nielsen Book Data)

Although we often think of law and the legal system as abstract things, they are not: law is people's work, made concrete and filled with life by those who draft, interpret, apply, and enforce it, and also by those who reflect on it and teach it. Therefore, how well Indonesia's legal system works, whether it succeeds in fully implementing the rule of law, and whether it brings justice to Indonesia's diverse people depends on its jurists, and thereby ultimately on the quality of its legal education. Therefore, it is important to ask how legal education can be further improved. How to better prepare law graduates for the labour markets of the future? How to enhance their legal and professional skill set? How to instill a sense of professional ethics in them? How to align legal curricula and teaching methods to the challenges of the 21st century? This book offers reflections and concrete recommendations on many facets of legal education, both in general and in the specific context of Indonesia. It draws on the combined experience of Indonesian and international experts, including scholars and practitioners, but also administrators, coordinators, and planners. Designed to be both a source of inspiration and a resource for practical guidance, this volume is dedicated to all stakeholders in legal education in Indonesia. Legal Education in the 21st Century - Indonesian and International Perspectives is a product of LEAP, a project under the Orange Knowledge Programme. The Orange Knowledge Programme is funded by the Dutch Ministry of Foreign Affairs, and managed by Nuffic.
(source: Nielsen Book Data)

• Chapter 1 - Introduction Introduction Framework of analysis - Land Tenure System Analysis Model Research questions Methodology Ethical considerations Limitations of the research Outline
• Chapter 2 - Formal land tenure systems Introduction Formal land tenure systems and other definitions The roles of land and formal land tenure systems The characteristics and roles of land Land tenure, formal land tenure systems, and the goals of the state Formal land tenure systems and state power The problems and dilemmas of formal land tenure systems Problems of formal land tenure systems Dilemmas of a formal land tenure system Conclusion
• Chapter 3 - Land tenure systems throughout Timor-Leste's history Introduction Geographic and social overview Historical background Formal land tenure systems in Timor-Leste The Portuguese formal land tenure system in Timor-Leste The Indonesian formal land tenure system in Timor-Leste The formal land tenure system during the UNTAET administration The formal Land tenure system since Independence Conclusion
• Chapter 4- The political environment Introduction Political parties and land tenure FRETILIN - Revolutionary Front for an Independent East Timor CNRT - National Congress for Timorese Reconstruction 'Development', high-modernism, infrastructure, and investment Infrastructure Private investment Post-authoritarianism and the authoritarian temptation Weak rule of law Indonesian legacy in land administration Corruption, rent-seeking, clientelism, patronage, and elite capture Natural resources' windfall, oil dependency, and the resource curse Post-colonialism debates Post-conflict debates and potential for violence Resilience and prevalence of customary land tenure systems Conclusion
• Chapter 5 - The making of land laws Introduction Making land-related laws in Timor-Leste Looking at the lawmaking process Legislative agenda Knowledge production for the lawmaking process Decision-making Legal drafters Consultation and transparency mechanisms Drafting options and dilemmas Monitoring and evaluation Language Conclusion
• Chapter 6 - Land tenure legislation in Timor-Leste Introduction Validity of pre-independence rights Legal recognition of customary land rights Long-term possession State land Definition of state land Public and Private Domain of the State Land rights of legal entities Processes for identifying land claims and addressing conflicting ones The Process established by Law 1/2003 The Process established by Decree-Law 27/2011 The Process established by the Land Law Evictions Land rights in the Timorese formal land tenure system Legal Mechanisms for Acquisition and Loss of Land Rights Transfers of land rights Adverse possession and legal protection of possessors Expropriation Conclusion
• Chapter 7 - Land Institutions Introduction Looking at institutions State institutions - The National Directorate of Land and Property and Cadastral Services (DNTPSC) The origins and influences of DNTPSC DNTPSC's goals and tasks Resources Internal structure Leadership DNTPSC's clients External institutions Ita Nia Rai (INR) and National Cadastre System (SNC) International organizations and donors Timorese civil society organizations Conclusion
• Chapter 8 - Social relationships, ideas, and practices around land tenure and the formal land tenure system Introduction Relevance of customary systems Characteristics of land rights Land tenure security Legal tenure security Perceived tenure security Land titling Land-related disputes and dispute-resolution mechanisms 'Development' and the right to expropriate land Conclusion
• Chapter 9 - The layers in movement - the formal land tenure system and the Suai Supply Base Introduction Oil, politics and 'development' The resource dispute in the Timor Sea The Tasi Mane Project and the SSB The Suai and the area of the SSB Land tenure, land tenure systems and 'development' The informal approach of the Inter-Ministerial Team The 10-percent agreement with the 'community of Kamenasa' The legislative approach The contractual approach The effects of land acquisition Conclusion
• Chapter 10 - Conclusions Introduction Studying land tenure systems - an analytical framework What can we learn from Timor-Leste? Factors of success and failure of a formal land tenure system Land tenure and administrative processes, public administrations, and state officials Land tenure and the rule and role of law and lawmaking Land tenure and ideology The Timorese formal land tenure system - final remarks.
• (source: Nielsen Book Data)

This sociolegal study focuses on the political, legal and institutional problems and dilemmas of regulating land tenure. By studying the development of the Timorese formal land tenure system, this book engages in the larger debate about the role of state systems in addressing and aggravating social problems such as insecurity, poverty, inequality, destruction of nature, and cultural and social estrangement. Land tenure issues in Timor-Leste are complex and deeply shaped by the nation's history. Taking an insider's perspective based on the author's experience in Timorese state administration, and through the investigation of five analytical themes -political environment, lawmaking, legal framework, institutional framework, and social relationships and practices- this book studies the development of the Timorese formal land tenure system from independence in 2002 to 2018. It shows how political, legal, and administrative decisions on land administration are made, what and who influences them, which problems and dilemmas emerge, and how the formal system works in practice. The result is a portrait of a young nation grappling with the enormous task of creating a land tenure system that can address the needs of its citizens in the wake of centuries of socio-political tumult and huge fluctuations in resources. The book concludes by highlighting the importance of lawmaking and how abuses of power can be curbed by adequate administrative processes and laws. Finally, it argues that land administration is primarily a political matter. The political dimension of technical solutions must be considered if we aim to achieve fairer formal land tenure systems. The pertinence of the topics covered, the multi-disciplinary perspective, and the research methodology followed make this book appealing to a variety of readers, including international organizations, practitioners, academics and students engaged in land administration, post-colonial and -conflict issues, lawmaking, rule of law, public administration and issues of access and exclusion.
(source: Nielsen Book Data)

• Introduction: 'The blind letters'
• Transitional justice in Timor-Leste : 'Loron Loron, Kalan Kalan'
• Silence and memory : 'they are waiting for us to die'
• Women and prosecution : 'we captured the dogs but not the owners of the dogs'
• Women truth and reconciliation : 'here comes the victim'
• Women's access to reparations : 'men were the most affected'
• Women's access to post-conflict benefits : 'because I did not hold a gun'
• Conclusions: 'So it does not happen again'.

Seeing the role of transitional justice as an area of contestation, this book focuses on the principle of equality guaranteed in the access to transitional justice mechanisms. By raising women's experiences in dealing with the law and policies as well as the implications of community and family practices during post-conflict situations, the book shows how these mechanisms may have been implemented mechanically, without considering the different intersections of discrimination, the public and private divides that exist in the local context or the stereotypes and values of international and national actors. The book argues that without unpacking the barriers in the administration of transitional justice, the different mechanisms that are implemented in a post-conflict situation may set a higher threshold for the participation of women. Moreover, by taking into account women's perceptions of justice, it further argues that scholars have paid insufficient attention to the welfare structures that are produced after a conflict, particularly the pensions of veterans. Going beyond the focus on sexual violence, a relationship between the violations and post-conflict economic justice may have longer-term consequences for women since it perpetuates their inequality and lack of recognition in times of peace. The use of transitional justice may thus exacerbate the invisibility of and discrimination against certain sections of the population. Inspired by the work of Hannah Arendt and based on extensive field research in Timor-Leste, the book has larger implications for the overarching debate on the social consequences of transitional justice.
(source: Nielsen Book Data)

• Crime and punishment in Indonesia / Tim Lindsey and Helen Pausacker
• The Criminal Code / Simon Butt and Tim Lindsey
• The Criminal Procedure Code / Simon Butt and Tim Lindsey
• Ordinary laws and extraordinary crimes : criminalising genocide and crimes against humanity in the draft Criminal Code? / Ken M.P. Setiawan
• Pretrial hearings : safeguarding human rights or a gift to corruptors? / Tim Mann
• Reconsidering reform : the Supreme Court, the Constitutional Court and Indonesia's 'extraordinary legal measure' / Tim Lindsey
• Rethinking Indonesian extradition law / Apsari Dewi
• Drivers of prison overcrowding in Indonesia / Leopold (Leo) Sudaryono
• Injustice and inconsistency : sentencing minor property offenders under Supreme Court Regulation No. 2 of 2012 / Rifqi S. Assegaf
• Manoeuvering mandatory minimum sentences : judicial decisions on corruption / Rifqi S. Assegaf
• The death penalty in Indonesia : developments and prospects / Ricky Gunawan and Raynov T. Pamintori
• Corporate environmental criminal liability in Indonesia / Mas Achmad Santosa and Stephanie Juwana
• Explaining the failure of palm oil licensing in Indonesia / Josi Khatarina
• Criminal injustice and agrarian conflict in Indonesia / Lilis Mulyani
• Blasphemy prosecutions in Indonesia and the Ahok case : majoritarianism versus liberalism / Daniel Peterson
• Homosexuality and the law in Indonesia / Helen Pausacker
• Habib Rizieq Shihab and Ariel Peterpan : law, morality and the digital age / Helen Pausacker
• Hudud and corruption : a critical analysis of proposals to cut off the hands of the corrupt in Indonesia / Nadirsyah Hosen
• Aceh's Islamic Criminal Code : formalising discrimination / Tim Mann and Dina Afrianty
• Aceh and Islamic criminal law in the courts / Simon Butt

Indonesia's criminal law system faces major challenges. Despite the country's transition to democracy, both the Criminal Code and the Criminal Procedure Code are badly out of date, the former only superficially changed since colonial times and the latter remaining as it was under Soeharto's authoritarian New Order regime. Law enforcement officers and judges are widely seen as corrupt or incompetent, and new laws, including new Islamic laws passed at the regional level, often contradict the Criminal Code and national statutes, including human rights laws. This book, based on extensive original research by leading scholars in the field, provides an overall assessment of the state of criminal law, law enforcement and penal policy in Indonesia, considers in depth a wide range of specific areas of criminal law, and discusses recent efforts at reform and their prospects for success.
(source: Nielsen Book Data)

Drawing on human rights discourse and a study of the difficulties faced by religious minority groups (using the Ahmadiyya minority group as a case study), this book presents three interconnected challenges to human rights culture in Indonesia. First, it presents a normative challenge, describing the gap between philosophical and normative principles of human rights on one side and the overall problems and critical issues of human rights at national and local levels on the other. Second, it considers the political problems in developing and strengthening human rights culture. The political challenge addresses the ability (or inability) of the state to guarantee the rights of certain individuals and minority groups. Third, it examines the sociological challenge of majority-minority group relationships in human rights discourse and practices. This book describes the background of human rights in Indonesia and reviews the previous literature on the issue. It also presents a comprehensive review of the discourses about human rights and political changes in contemporary Indonesia. The analysis focuses on how human rights challenges affect the situation of religious minorities, looking in particular at the Ahmadiyya as a minority group that experiences human rights violations such as discrimination, persecution, and violence. The study fills out its treatment of these issues by examining the involvement of actors both from the state and society, addressing also the politics of human rights protection.
(source: Nielsen Book Data)

• Introduction
• Jurisdiction
• Choice of law
• Recognition and enforcement of foreign judgments
• Arbitration
• The harmonisation of private international law

This book is the leading reference on Indonesian private international law in English. The chapters systematically cover the whole of Indonesian private international law including commercial matters, family law, succession, cross-border insolvency, intellectual property, competition (antitrust), and environmental disputes. The chapters do not merely cover the traditional conflict of law areas of jurisdiction, applicable law (choice of law), and enforcement. The chapters also look into conflict of law questions arising in arbitration and assess Indonesian involvement in the harmonisation of private international law globally and regionally within ASEAN. Similarly to the other volumes in the Studies in Private International Law - Asia series, this book presents the Indonesian conflict of laws through a combination of common and civil law analytical techniques and perspectives, providing readers worldwide with a more profound and comprehensive understanding of the subject.
(source: Nielsen Book Data)

• Introduction
• Religious minorities under international law and Islamic law
• The discourse of religion and religious minorities within Islam in a quasi theistic secular Indonesia
• The complex reality of religious minorities within Islam in Indonesia
• Protecting forum internum for religious minorities within Islam in Indonesia
• Regulating forum externum to protect religious minorities within Islam in Indonesia
• Repealing blasphemy law to protect religious minorities within Islam in Indonesia
• Conclusion

"This book examines the legal conundrum of reconciling international human rights law in a Muslim majority country and identifies a trajectory for negotiating the protection of religious minorities within Islam. The work explores the history of religious minorities within Islam in Indonesia, the world's largest Muslim population, as well as the present-day ways by which the government may address issues through reconciling international human rights law and Islamic law. Given the context of multiple sets of religious norms in Indonesia, this is a complicated endeavour. In addition to amending and enacting human rights norms, the government is also negotiating with the long history of Islamisation in Indonesia. Particularly relevant is the practice of customary law, which puts the rights of community over individualism. This practice directly affects the rights of religious minorities within Islam. Readers, especially those conducting research, will also be provided with information and references which are relevant to the field of human rights, especially in relation to religious minorities and international law"-- Provided by publisher

• Introduction
• Enforcing state jurisdiction in cyberspace
• Resolving issues of cross-border access using the Budapest Convention on Cybercrime
• American practice in resolving issues of cross-border access
• The Indonesian criminal justice system
• Indonesian practice in resolving issues of cross-border access
• Conclusions and recomendations

The success of many cybercrime investigations depends on the accessibility of electronic evidence (e-evidence) stored abroad. Whereas cybercrime knows no frontiers and cyberspace remains an un-territorialised realm, a State has territorial boundaries. Indonesia and many other States have attempted to resolve problems of cross-border access in obtaining e-evidence from cyberspace. This book investigates aspects of international law, criminal procedure law, and data protection law as foundations in improving Indonesian law and practice to resolve the problems. It presents pragmatic approaches on how a State may exercise sovereignty in cyberspace to obtain e-evidence located abroad and remain respectful of other States' sovereignty. The book analyses the implementation of the Budapest Convention in facilitating its parties to obtain e-evidence expeditiously through direct cooperation with service providers. It explores options in establishing a direct cooperation mechanism between US corporations and Indonesian authorities. This book is relevant for academics, policymakers, and practitioners from Indonesia and other States who are looking for practical insights or legal solutions in resolving issues of cross-border access to e-evidence.
(source: Nielsen Book Data)

• Ahok and blasphemy : an introduction
• Liberal democracy and human rights in Indonesia
• Human rights discourse coalitions in contemporary Indonesia
• From pramuka to trial
• A legal defense to blasphemy
• The verdict
• Legal literacy, fatwas and the Majelis Ulama Indonesia
• Ahok and blasphemy : findings

Using the high-profile 2017 blasphemy trial of the former governor of Jakarta, Basuki 'Ahok' Tjahaja Purnama, as its sole case study, this book assesses whether Indonesia's liberal democratic human rights legal regime can withstand the rise of growing Islamist majoritarian sentiment. Specifically, this book analyses whether a 2010 decision of Indonesia's Constitutional Court has rendered the liberal democratic human rights guarantees contained in Indonesia's 1945 Constitution ineffective. Key legal documents, including the indictment issued by the North Jakarta Attorney-General and General Prosecutor, the defence's 'Notice of Defence', and the North Jakarta State Court's convicting judgment, are examined. The book shows how Islamist majoritarians in Indonesia have hijacked human rights discourse by attributing new, inaccurate meanings to key liberal democratic concepts. This has provided them with a human rights law-based justification for the prioritisation of the religious sensibilities and religious orthodoxy of Indonesia's Muslim majority over the fundamental rights of the country's religious minorities. While Ahok's conviction evidences this, the book cautions that matters pertaining to public religion will remain a site of contestation in contemporary Indonesia for the foreseeable future. A groundbreaking study of the Ahok trial, the blasphemy law, and the contentious politics of religious freedom and cultural citizenship in Indonesia, this book will be of interest to academics working in the fields of religion, Islamic studies, religious studies, law and society, law and development, law reform, constitutionalism, politics, history and social change, and Southeast Asian studies.
(source: Nielsen Book Data)

• Table of Contents
• Acknowledgements
• List of Tables and Charts
• Glossary
• 1. Introduction: Transitional Justice in Post-Soeharto Indonesia
• Transitional Justice: Emergence, Concepts and Trends around the Globe
• Transitional Justice in Indonesia
• Assessing Transitional Justice and the Implications for Democracy
• Explaining Transitional Justice: The Nature of the Democratic Transition
• Research Methods and Data Collection
• Book Structure
• 2. Human Rights, Transitional Justice, and Political Transition in Indonesia
• Human Rights under the New Order
• The Politics and Periods of Transitional Justice in Post-Soeharto Indonesia
• The Period of Momentous Change, 1998-2000
• The Military in the Period of Momentous Change
• The Period of Compromised Mechanisms, 2001-2009
• The Military
• Conclusion
• 3. Prosecutions in Cases of Past Human Rights Abuses: the East Timor and Tanjung Priok Trials
• Intoduction
• Impunity: the Legacy of the Past Repressive Regime
• Establishing the Human Rights Courts
• Trials on East Timor and Tanjung Priok
• The Context: The 1999 East Timor Referendum and Crimes against Humanity
• The Trials
• The 1984 Tanjung Priok Killings
• The Tanjung Priok Trials
• Adoption and Implementation of Trials
• Assessing Processes and Outcomes-Comparing the Two Trials
• Conclusion
• 4. The Adoption and Annulment of the Law on Truth and Reconciliation Commission
• Introduction
• Discourse on Truth and Reconciliation in the Early Years of Political Transition
• Getting to a TRC
• Truth versus Reconciliation
• Debates on Amnesty
• Evaluating the Processes and Outcomes of the Adoption of the TRC Law
• Acknowledging the Limits of Restorative Justice
• Transitional Justice and the Transplacement Nature of Democratisation
• The Absence of a Truth Mechanism and its Implications for Indonesia's Democracy *
• The Absence of Political Judgement
• The Absence of Deliberative Space to Reflect History and Moral Standards
• Local TRCs
• Conclusion
• 5. Human Rights Groups and Transitional Justice Initiatives
• Introduction
• Human Rights Movements before Reformasi
• Human Rights and the Transitional Justice Agenda during the Democratic Transition
• Human Rights Groups, the New Political Elite, and Transitional Justice Agenda in the Early Transition
• Transitional Justice from Below: Human Rights Strategies after Reformasi
• Conclusion
• 6. Transitional Justice at Local Level: the Case of Palu, Central Sulawesi
• Introduction
• The 1965 Mass Violence in Palu
• SKP HAM, Victims' Mobilisation, and Local Government Responses
• Palu's Reparation Program
• Assessing Transitional Justice Initiatives in Palu
• Conditions for Transitional Justice
• Roles of NGOs and Victims
• Local Political Dynamics and the Local Elite
• Conclusion
• 7. Toward Post-Transitional Justice?
• Reflecting on Transitional Justice from the Indonesian Experience
• Transitional Justice and Democracy: Investigating the Impacts
• BIBLIOGRAPHY
• .
• (source: Nielsen Book Data)

This book is the first to offer an in-depth analysis of transitional justice as an unfinished agenda in Indonesia's democracy. Examining the implementation of transitional justice measures in post-authoritarian Indonesia, this book analyses the factors within the democratic transition that either facilitated or hindered the adoption and implementation of transitional justice measures. Furthermore, it contributes key insights from an extensive examination of 'bottom-up' approaches to transitional justice in Indonesia: through a range of case studies, civil society-led initiatives to truth-seeking and local reconciliation efforts. Based on extensive archival, legal and media research, as well as interviews with key actors in Indonesia's democracy and human rights' institutions, the book provides a significant contribution to current understandings of Indonesia's democracy. Its analysis of the failure of state-centred transitional justice measures, and the role of civil society, also makes an important addition to comparative transitional justice studies. It will be of considerable interest to scholars and activists in the fields of Transitional Justice and Politics, as well as in Asian Studies.
(source: Nielsen Book Data)

• Preface
• Introduction
• Traditional law : sloka in pepakem
• Sloka in Javanese titles
• Sloka
• Aksara
• Sinalokan
• Prakara
• Vignettes and practice
• Character
• Context

Law, Javanese, written legal traditions, sloka (maxim/proverb).
(source: Nielsen Book Data)

• Frontmatter
• Table of Contents
• List of Tables
• Preface
• Introduction
• Section I. Law, Sloka, and Sources
• 1. Traditional Law. Sloka in Pepakem
• 2. Sloka in Javanese Titles
• Section II. Sloka Phenomena in Vignettes
• 3. Sloka
• 4. Aksara
• 5. Sinalokan
• 6. Prakara
• 7. Vignettes and Practice
• Section III. Character, Apparent Demise, and Context
• 8. Character
• 9. Context
• Section IV. End Material
• Appendix I. The Problematic Pepakem Tjerbon
• Appendix II. Classic Sloka
• Appendix III. Titles 'Left Out'
• Appendix IV. Diverse Components
• Abbreviations
• Sources Consulted
• Index

The author's investigation of early-modern Javanese law reveals that judicial authority does not come from the contents of legal titles or juridical texts, but from legal maxims and variations thereof. A century and a half ago Simon Keyzer, a recognized scholar of Javanese law, noted that understanding of that law is dependent upon a grasp of such pithy expressions, which provide the key to the whole body of suits. (Preface, C.F. Winter, Javaansche Zamenspraken, 1858, which examines hundreds of sloka, the majority of which are directed to prevailing legal practice). Drawing upon the contents of 18th century Javanese legal texts, the present work builds upon Keyzer's and Winter's references to 'sloka-phenomena', namely sloka proper (maxims) and its derivatives sinalokan (that made of sloka), aksara here meaning legal principles, and prakara (matter, case). These are usually conveyed in vignettes illustrating their function and as a group, constitute the essence of traditional Javanese written law.

• The judicial reform landscape in Indonesia : innovation, specialisation and the legacy of Dan S. Lev / Melissa Crouch
• The Supreme Court : reformasi, independence and the failure to ensure legal certainty / Rifqi S. Assegaf
• The district courts : sentencing decisions as evolving legal culture? / Daniel Pascoe
• The Indonesian prosecution system at work : the justice system postman / Fachrizal Afandi
• The religious courts : does Lev's analysis still hold? / Stijn Cornelius van Huis
• The administrative courts : the quest for consistency / Adriaan Bedner and Herlambang Perdana Wiratraman
• The anti-corruption courts and the persistence of judicial culture / Simon Butt
• The commercial courts : a story of unfinished reforms / Gustaaf Reerink, Kevin Omar Sidharta, Aria Suyudi and Sofie Hewitt
• The small claims court : an innovation in judicial reform / Binziad Kadafi
• The Fisheries Court : government-led judicial development? / Dyah Saptraningrun
• The Constitutional Court : a Levian take on its place in the reformasi / Theunis Roux
• The juvenile courts and children's rights : good intentions, flawed execution / Putri K. Amanda, Shaila Tieken, Sharyn Graham Davies and Santi Kusumaningrum
• The human rights courts : embedding impunity / Ken Setiawan
• The Industrial Relations Court : challenges for labour rights / Surya Tjandra
• The media : megaspectacles and transparency in the courts / Ross Tapsell and Sita Dewi
• Lev on the links between legal evolution, political change and activism / Frank Munger
• Epilogue / Fritz Siregar.

Indonesia is the world's third largest democracy and its courts are an important part of its democratic system of governance. Since the transition from authoritarian rule in 1998, a range of new specialised courts have been established from the Commercial Courts to the Constitutional Court and the Fisheries Court. In addition, constitutional and legal changes have affirmed the principle of judicial independence and accountability. The growth of Indonesia's economy means that the courts are facing greater demands to resolve an increasing number of disputes. This volume offers an analysis of the politics of court reform through a review of judicial change and legal culture in Indonesia. A key concern is whether the reforms that have taken place have addressed the issues of the decline in professionalism and increase in corruption. This volume will be a vital resource for scholars of law, political science, law and development, and law and society.
(source: Nielsen Book Data)

• Murder in Maumere
• Rajas rule
• Postcolonial citizens
• Factions and faith
• That chilling moment
• Citizenship and state formation in postcolonial Indonesia.

This book examines the history of state formation in postcolonial Indonesia by starting with the death of Jan Djong, an activist and a former village head in the little town of Maumere. It historicizes contemporary debates on citizenship in the postcolonial world. Citizenship has been called the "organizing principle of state-society relations in modern states". Democratization is today most intense in the non-Western, post-colonial world. Yet "real" citizenship seems largely absent there. Only a few rights-claiming, autonomous, and individualistic citizens celebrated in mainstream literature exist in post-colonial countries. In reflecting on one concrete story to examine the core dilemmas facing the study of citizenship in postcolonial settings, this book challenges ethnocentricity found within current scholarly work on citizenship in Europe and North America and addresses issues of institutional fragility, political violence, as well as legitimacy and aspirations to freedom in non-Western cultures.
(source: Nielsen Book Data)